MOHD. NIJAMUDDIN Vs. STATE OF U.P.
LAWS(ALL)-2021-9-32
HIGH COURT OF ALLAHABAD
Decided on September 21,2021

Mohd. Nijamuddin Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

RAJESH SINGH CHAUHAN,J. - (1.) Heard Sri A.P. Singh, learned Senior Advocate, assisted by Sri Amrendra Pratap Singh, learned counsel for the petitioners in leading writ petition as well as Sri I.M. Pandey, learned counsel for the petitioners in Service Single No. 2397 of 2020, Sri Sharad, learned Standing Counsel for the State, Sri Amit Bose, learned Senior Advocate, assisted by Sri Abhishek Bose, learned counsel for the intervenor.
(2.) By means of first writ petition, only one prayer has been made, which is as under:- "(a) issue a writ, order or direction in the nature of mandamus commanding the Opposite parties to fill up the vacancies in the cadre of Workshop hand occurring prior to promulgation of Uttar Pradesh Police Radio Subordinate Service (IInd amendment) Rules, 2016 in accordance with the provisions of Uttar Pradesh Police Radio Subordinate Service Rules, 2015."
(3.) By means of second writ petition, following prayers have been made:- "1. Issue a writ, order or direction in the nature of ceriorari to quash order bearing no.W-43/2019 dated 22.11.2019 passed by the opposite party no.2 whereby the representation of the petitioners for promotion on the post of Workshop Hand under the 25% promotion quota as prescribed under Rule - 5(1)(a) read with rule 17 of U.P. Police Radio Subordinate Service Rules - 2015 as amended by U.P. Police Radio Subordinate Service (Ilnd Amendment) Rules 2016, has been rejected in wholly unlawful and arbitrary manner refusing to hold selection for promotion to the post of Work Shop Hand until final disposal of the Writ Petition No.29369(S/S) of 2016 or vacation of interim order dated 16.12.2016 and 25.5.2018 passed therein as contained in annexure no.1 to the writ petition. 2. Issue a writ, order or direction in the nature of Mandamus commanding the Opposite Parties to consider the Petitioners for promotion on the post of Workshop Hand under Rule - 5(1)(a) read with rule 17 of U.P. Police Radio Subordinate Service Rules - 2015 as amended by U.P. Police Radio Subordinate Service (Ilnd Amendment) Rules 2016, against the existing vacancies as shown in the chart of vacancies of the various posts of department as on 31.08.2019 contained in annexure no. 5 to the writ petition excluding the vacancies which had been ascertained prior to U.P. Police Radio Subordinate Service (Ilnd Amendment) Rules 2016 i.e. 19.10.2016 (the date of notification no.18/2016/2792/6-Pu-01-16-1300 (7)/ 1994 whereby the U.P. Police Radio Subordinate Service (IInd Amendment) Rules 2016 were notified) within a short reasonable period to be prescribed by this Hon'ble Court in the interest of Justice." ;


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